SB 485 — Revises provisions relating to the education of certain children from Nevada who are patients or residents of certain hospitals or facilities. (BDR 34-397)

EXEMPTSenate (ReprintedBill withNo. amendments adopted on May 27, 2019) SECOND REPRINT S.B.

485485–Committee SENATEon BFinance ILLNCHAPTER.......... O.

485–C OMMITTEE ON FINANCE M ARCH 25, 2019 ____________ Referred to Committee on Finance SUMMARY—Revises provisions relating to the education of certain children from Nevada who are patients or residents of certain hospitals or facilities.

(BDR 34-397) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Under existing law, certain hospitals and other facilities that provide residential treatment to children and also operate a licensed private school are authorized tontialto request reimbursement from the Department of Education for the cost of providing educational services to a child who is verified to be a patient of the hospital or facility and attends the private school for more than 7 school days.

Upon receiving such a request, the Department is required to determine the amount of reimbursement as a percentage of the basic support guarantee per pupil and - *SB485_R2* – 2 – withhold that amount from the school district or charter school where the child would attend school if the child were not in the hospital or facility.

(NRS 387.1225) Existingdistricts, lawcharter alsoschools authorizesand the DepartmentDivision of Education,Public theand countyBehavioral schoolHealth of the Department of Health and Human Services to enter into a cooperative agreementfagreement the for the provision of educational services at certain hospitals or other facilities that are licensed by the Division.

(NRS 277.0655) Section 1 of this bill limits the number of days of instruction per year for which a hospital or facility is entitled to reimbursement to the number of days of instructionfacilities licensed in 1the schoolDistrict year.of Columbia or another state or territory of the United States that provide residential treatment to children who are residents of Nevada and operate an accredited educational program for those children to also seek reimbursement from the Department of Education for the cost of providing such educational services.

Section 1 alsoremoves authorizesthe certainrequirement hospitalsthat andthe otheramount facilitiesof licenseda inreimbursement theprovided Districtto ofa Columbiahospital or anotherfacility statebe orwithheld territoryfrom of the Nevadaschool anddistrict operatehospital anor accreditedfacility, educationalexcept programwith forrespect those children to alsoof seek reimbursement from the Departmentadditional ofamount Education for theprovidinghe costeducation ofto providinga suchpupil educationalwith services.a disability.

Section 1 removesadditionally therequires requirement that the amount of a reimbursement provided to a hospital or facility bethat withheldprovides fromeducational theservices schoolto districta orpupil charterwith schooldisabilities whereto thecomply childwith wouldapplicable attendfederal schooland ifstate thelaw childconcerning were not in the hospitaleducation orof facility,pupils except with respectdisabilities to thereceive additionalreimbursement. amount for providing education to a pupil with a disability.

Section 12 additionallyof requiresthis abill hospitalauthorizes orthe applicableDepartment federalof - 80th Session (2019) – 2 – Education, the county school districts, charter schools and statethe lawDivision concerningof Public and Behavioral Health of the educationDepartment of pupilsHealth withand disabilitiesthHuman Services to receiveenter reimbursement.into a cooperative agreement for the provision of educational services at certain residential treatment to children and operate an accredited educational program.

Section 22.5 of this bill authorizesmakes thean Departmentappropriation ofto Education,pay for the countycost schoolof districts,auditing charterhospitals schools and thefacilities Divisionthat ofreceive Publicreimbursement andfrom Behavioral Health of the Department of HealthEducation and Human Services to enter into a cooperative agreement for the provision of educational services at certain hospitals or other facilities that are licensed in another jurisdiction, provide residential treatment to childrenensure andcompliance operatewith anapplicable accreditedlaw. educational program.

hospitalsEXPLANATION and– facilitiesMatter thatin receivebolded reimbursementitalics fromis thenew; Department ofiting Education for educational services to ensure compliance with applicable law.

matter between brackets [omitted material] is material to be omitted.

A hospital or other facility licensed in the District of Columbia or any state or territory of the United States that provides residential treatment and which operates an educational program accredited by a national organization and approved by - *SB485_R2* – 3 – the Department of Education may request reimbursement from the Department for the cost of providing educational services to a child who:

(c) Attends the accredited educational program for more than 7 school days;

and (e) Has been admitted to the medical facility under the order of a physician to receive medically necessary treatment for a medical - 80th Session (2019) – 3 – or mental health condition with which the child has been diagnosed.

Upon receiving a request for reimbursement [,] pursuant to subsection 1 or 2, the Department shall determine the amount of reimbursement to which the hospital or facility is entitled as a percentage of the basic support guarantee per pupil [and withhold that amount from the school district or charter school] as determined by the school where the child [would attend school if the child were not] was enrolled before being placed in the hospital or facility.

The Department shall distribute the money withheld from the school district or charter school to the hospital or facility.

-school *SB485_R2* – 4 – [3.] 6.

A hospital or other facility is not entitled to reimbursement for days of instruction provided to a child in a year - 80th Session (2019) – 4 – in excess of the minimum number of days of free school required by NRS 388.090.

§§ 1400 et seq., NRS 388.417 to 388.5243, inclusive, and anyany9. regulations adopted pursuant thereto.

9.The Department shall adopt any regulations necessary to carry out the provisions of this section [.

The5.] Department shall adopt any regulations necessary to car5.] , which may include, without limitation, regulations to:

(a) Prescribe a procedure for the transfer of educational rec(b)records Carrypursuant out or ensure compliance with the requirements of subsections 4 and 5 concerning reimbursement for educational services provided to asubsection pupil3; with a disability;

(b) Carry out or ensure compliance with the requirements of subsections 4 and 5 concerning reimbursement for educational services provided to a pupil with a disability;

277.0655districts 1.of the various counties, charter schools and the Division of Public and Behavioral Health of the Department of Health and Human Services may enter into cooperative agreements for the provision of educational services at any hospital or other facility which is licensed [by] :

The Department of Education, the county school districts of the various counties, charter schools and the Division of Public and Behavioral Health of the Department of Health and Human Services may enter into cooperative agreements for the - *SB485_R2* – 5 – provision of educational services at any hospital or other facility which is licensed [by] :

and - 80th Session (2019) – 5 – (3) Operates an educational program accredited by a national organization and approved by the Department of Education.

(a) Forty thousand dollars for virtual auditing of hospitals or other licensed facilities that receive reimbursement for educational act.ices pursuant to NRS 387.1225, as amended by section 1 of this (b) Seventy two thousand dollars for in-person auditing of educational services pursuant to NRS 387.1225, as amended byementby for section 1 of this act.

2.(b) Seventy two thousand dollars for in-person auditing of hospitals or other licensed facilities that receive reimbursement for educational services pursuant to NRS 387.1225, as amended by section 1 of this act.

Any remaining balance of the appropriation made by this section must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

and - *SB485_R2* – 6 – 2.

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